Court of Appeals of New Mexico
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Citations - New Mexico Appellate Reports
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Decision Content
STATE V. REYES
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
PAUL KEITH REYES,
Defendant-Appellant.
No. 33,479
COURT OF APPEALS OF NEW MEXICO
July 10, 2014
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Stan
Whitaker, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, for Appellee
Paul Keith Reyes, Albuquerque, NM, Pro Se Appellant
JUDGES
J. MILES HANISEE, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, MICHAEL E. VIGIL, Judge
MEMORANDUM OPINION
HANISEE, Judge.
{1} The opinion filed in this case on June 5, 2014 is hereby withdrawn and the following substituted therefor. Defendant, who is self-represented, is appealing from a district court order dismissing his appeal from metropolitan court for lack of a final order. We issued a calendar notice proposing to affirm the district court. Defendant has responded with a memorandum in opposition. We affirm.
{2} The district court order dismissing Defendant’s appeal from metropolitan court indicates that the metropolitan court proceedings ended with the filing of a nolle prosequi and that no judgment or final order was entered below. [RP 15] There is no final metropolitan court order in the record proper, or in records available online. Generally, appellate jurisdiction is limited to appeals that are timely filed from final decisions, orders, or judgments. See State v. Lohberger, 2008-NMSC-033, ¶ 19, 144 N.M. 297, 187 P.3d 162. This requirement applies to appeals taken from the metropolitan court to the district court. See Rule 5-827(A) NMRA. Accordingly, we affirm the district court’s order dismissing Defendant’s appeal.
{3} IT IS SO ORDERED.
J. MILES HANISEE, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
MICHAEL E. VIGIL, Judge